Management Lawyers

Preferential Treatment for Employees with Active WSIB Claims not Discriminatory

Published on October 25, 2017

The Human Rights Tribunal of Ontario recently held that it is not discriminatory for employers to treat disabled workers with active WSIB claims more favourably in the accommodation process than disabled workers without such claims.

human rights,  workers compensation

Overtime Averaging: No Notice, No Harm, No Foul

Published on October 11, 2017

In a recent decision, the Divisional Court refused to grant damages to a terminated employee for an employer’s failure comply with legislative requirements regarding overtime averaging. 

employment standards

Court Gives Guidance as to When OHSA Prosecutions May Lead to Jail Time

Published on September 29, 2017

A recent Ontario appeal, helps shines much needed light on the subject of when individuals may be subject to imprisonment for health and safety offences.

occupational health and safety

Court Limits Bonus Entitlement During Notice Period

Published on September 22, 2017

So when is an employee entitled to a bonus during the reasonable notice period? 

employment law,  employment litigation,  wrongful dismissal litigation

Court of Appeal Rules on Employers’ Obligations to Protect Employees from Harassment and Violence when they are Away from the Workplace

Published on September 19, 2017

In a recent decision, the Ontario Court of Appeal upheld a lower court’s ruling that a citizen’s harassing behaviour toward members of city council did not fall within the ambit of the Occupational Health and Safety Act because it did not occur at the "workplace". 

employment law,  occupational health and safety

Court Rules that Rejected Separation Packages are to Remain Confidential

Published on September 05, 2017

It is common practice for employers to offer departing employees, who are being terminated without cause, a separation package in exchange for a signed release from liability. But if the employee rejects the package, the employer may not be allowed to rely on the offer during any subsequent litigation. 

employment law,  employment litigation,  wrongful dismissal litigation

Can a Defendant be Charged Criminally After Pleading Guilty to OHSA Charges?

Published on August 25, 2017

A supervisor who pleaded guilty under OH&S legislation was later charged with criminal negligence causing death.  The criminal charges were recently dismissed, but the door is theoretically still open in other cases now and in the future.

constitutional law,  occupational health and safety

Avoid Procedural Missteps when Accommodating Mental Disabilities in the Workplace

Published on August 25, 2017

A recent decision of the Human Rights Tribunal of Ontario should serve as a lesson to all employers who wrestle with the complexities of accommodating mental disabilities in the workplace.

human rights,  workers compensation

British Columbia to Reinstate Human Rights Commission

Published on August 17, 2017

British Columbia Premier John Horgan announced earlier this month that the province will reinstate its Human Rights Commission. 

human rights

Court Comments on when Employers can ask for an Independent Medical Examination

Published on August 16, 2017

Ontario’s Divisional Court recently confirmed that employers have a right to ask employees to undergo an Independent Medical Examination (“IME”) in certain circumstances, to facilitate the accommodation process.

human rights

Smoked Out: Employer Convicted When Employee Smokes in Truck

Published on July 28, 2017

Do you have a policy prohibiting your employees from smoking when they drive alone in a company vehicle?  If not, you may be breaking the law

occupational health and safety

Court Awards Significant Costs Award Against Thieving Employee

Published on July 21, 2017

A recent cost decision from the Ontario Superior Court of Justice suggests that employers who successfully defend themselves from a wrongful dismissal action by asserting just cause may be entitled to recoup a significant amount of their legal costs. 

employment litigation,  general litigation,  wrongful dismissal litigation

Minimizing Mitigation: Court of Appeal gives employee benefit of the doubt

Published on July 07, 2017

A recent Ontario Court of Appeal decision dealt a blow to employers’ ability to credit employee mitigation efforts and income against wrongful dismissal damages. 

employment law,  employment litigation,  wrongful dismissal litigation

Honesty is the best policy - Court of Appeal upholds dishonest employee’s dismissal for just cause

Published on June 19, 2017

Employers are often faced with the galling choice between asserting just cause for termination, and paying potentially large sums of money to departing employees who have been caught lying, cheating, or stealing. Just cause is a very high standard. Often, instead of relying on misconduct or performance issues, employers elect to terminate problem employees without cause. 

employment law,  employment litigation,  wrongful dismissal litigation

Bad facts make bad law (for employers): Court recognizes new tort of harassment

Published on June 14, 2017

The Ontario Superior Court recently recognized a new tort that would allow employees to sue their employers for harassment in civil court.

employment law,  employment litigation,  wrongful dismissal litigation